Activision TV, Inc. v. Pinnacle Bancorp, Inc.

Filing 186

ORDER that the Markman hearing scheduled for August 14, 2014, is canceled until further notice.Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACTIVISION TV, INC.,
Plaintiff,

8:13CV215

and
ORDER
MPHJ TECHNOLOGY INVESTMENTS,
LLC,
Intervenor-Plaintiff,
vs.
JON BRUNING, DAVID COOKSON, and
DAVID LOPEZ,
Defendants.

This matter is before the court sua sponte. The initial suit in this case included
plaintiff Activision TV, Inc. and defendant Pinnacle Bank. The case involves a patent or
patents, and as a result, the court scheduled a Markman hearing for August 14, 2014.
Thereafter, the Nebraska State Attorney General’s office and its employees were added
as defendants, and MPHJ Technology joined as an intervenor.
Activision and Pinnacle Bank settled their patent lawsuit.

Subsequently,

Activision and intervenor

MPHJ have filed summary judgment motions against the remaining defendants. Those
motions are currently under advisement. Because of the settlement between Activision
and Pinnacle Bank, there is no need for a Markman hearing at this time. However,
once the court rules on the pending summary judgment motions, it will reschedule a
Markman hearing as to the remaining parties, if it is necessary to do so.
THEREFORE, IT IS ORDERED that the Markman hearing scheduled for August
14, 2014, is canceled until further notice.
Dated this 12th day of August, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge